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Section 90ZB Scottish local government elections: meaning of “election expenses”F1F2

Scotland

(1)

This section applies in relation to a local government election in Scotland.

(F32)

In this Part of this Act, “election expenses”, in relation to a candidate at such an election, means any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 4B which is used—

(a)

for the purposes of the candidate’s election, and

(b)

after the date when the candidate becomes a candidate at the election.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

No election expenses are to be regarded as incurred by virtue of subsection (2) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4B.

(5)

In this section and in section 90C below, “for the purposes of the candidate's election” means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.

(6)

For the purposes of this Part of this Act so far as applying to a local government election in Scotland, election expenses are incurred by or on behalf of a candidate at the election if they are incurred—

(a)

by the candidate or his election agent; or

(b)

by any person authorised by the candidate or his election agent to incur expenses.

F5(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

In this Part and in Part 3 of this Act so far as applying to a local government election in Scotland, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

Annotations

Textual amendments

F1

S. 17(1) substituted (29.1.2001 for certain purposes and 16.2.2001 otherwise) by 2000 c. 2, s. 8(a), Sch. 1 para. 10; S.I. 2001/116, art. 2(1)(2) (with art. 2(4))

F2

S. 90ZB inserted (S.) (28.9.2021) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 17(3), 63(2); S.S.I. 2021/314, art. 2 (with art. 3)

F3

S. 90ZB(2) substituted (25.11.2021) by The Scottish Local Government Elections Amendment Order 2021 (S.S.I. 2021/437), arts. 1(2), 3(4)(a) (with art. 1(3))

F4

S. 90ZB(3) repealed (25.11.2021) by The Scottish Local Government Elections Amendment Order 2021 (S.S.I. 2021/437), arts. 1(2), 3(4)(b) (with art. 1(3))

F5

S. 90ZB(7) repealed (25.11.2021) by The Scottish Local Government Elections Amendment Order 2021 (S.S.I. 2021/437), arts. 1(2), 3(4)(b) (with art. 1(3))

Notes on Part II

Modifications

C1

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Parish and Community Meetings (Polls) Rules 1987 (S.I. 1987/1), Rules, 2, 6

Pt. 2 (ss. 67-119) applied with modifications (E.W.) by The Local Elections (Parishes and Communities) Rules 1986 (S.I. 1986/2215), Rules 2, 9 (which S.I. was revoked (2.1.2007) by S.I. 2006/3305, rule 1(4), Sch. 1)

C2

Pt. 2 modified (E.W.) (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 20(7)

C3

Pt. 2 modified (E.W.) (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 20(7)

C4

Pt. 2 modified (E.W.) (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 20(7)

C5

Pt. 2 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 24(6)

C6

Pt. 2 modified (E.W.) (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 39(6)

C7

Pt. 2 modified (E.W.) (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 18(6)

C8

Pt. 2 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(8)

C9

Pt. 2 modified (E.W.) (14.2.2020) by The Northamptonshire (Structural Changes) Order 2020 (S.I. 2020/156), arts. 1, 20(14)

C10

Pts. 2, 3 applied (with modifications) (W.) (17.12.2021) by The Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460), rules 1, 6(1) (with rule 2)

C11

Pt. 2 modified (E.W.) (2.1.2007 for certain purposes) by The Local Elections (Parishes and Communities) (England and Wales) Rules 2006 (S.I. 2006/3305), rules 1(2)(3), 6 (as amended (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 2 para. 6 (with reg. 12(d)))

C12

Pts. 1, 2 modified (E.W.) (10.3.2026) by The Surrey (Structural Changes) Order 2026 (S.I. 2026/264), arts. 1(1), 47(5)(11), 49(5)(11)